Zoning Board of Adjustments Minutes - 04/20/2005xf' 46 l f a C
MINUTES RECEIVED IN
CITY CLERK'S OFFICE
ZONING BOARD OF ADJUSTMEN Date _!C,
April 20, 2005 By Time
PRESENT:
Tom Cross, Acting Chairman
0 Members
Jose Garcia
0
Michael Latham
0 Alternate #2
James McNeil
0 Alternate #1
Steve Wood
0 Alternate #3
David A. Clark, Director of Community Development 0 City Staff
Paul Stillson, Planner II 0
Diane Parker 0
ABSENT:
Les Seipel, Chairman 0
Dave Lilley 0 Alternate #a
1. CALL TO ORDER
Acting Chairman Cross called the meeting to order at 1:34 p.m.
II. APPROVAL OF MINUTES
The minutes of the December 15, 2004 minutes were approved with a unanimous vote.
III. REGULAR AGENDA
1. Case V 05 -01
Request For A Variance To Construct A Sign With A Setback Less Than
Permitted By The Sign Ordinance
Applicant .................Virgil Lee for the Highland Heights Christian Church
Requested Action ...Application for a variance to construct a sign.
Purpose ..................To allow the applicant to replace an existing church sign with a new
sign that does not conform to the sign ordinance.
Property ..................2144 Avenue H, Lots 10,11 &12 Block 71A, Highland Addition
Zoning ..................... Single Family -2
BOARD OF ADJUSTMENT • PAGE 1
iIV
COMMENTARY
The applicant's church is located at the southwest corner of Coyote Blvd. and Avenue
H. There is an existing church sign on this property that the applicant would like to
replace with a larger one. The new sign is planned for the same location, but will be 7.5
feet tall and 8 feet wide, having an area of 32 square feet. The sign ordinance classifies
this sign as an "institutional sign." The sign ordinance allows a 32 square foot
institutional sign in a single - family district with the following restriction:
NOTE 1
On- premise signs fronting a public street and located within ten (10) feet of the property line
shall have a clearance from the surrounding grade to the bottom of the sign face of not less
than nine (9) feet, except that low profile signs may be created within such area if the top of the
sign does not exceed three (3) feet above the surrounding grade. Poles, columns, or other
supports for such signs shall not exceed twelve (12) inches in dimension measured
perpendicular to the street, and no portion of the sign shall overhang the property line.
20 Ft. Max.
Height 32
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Applicant's
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The regulation creates a clear zone between 3 to 9 feet where signs faces are not
allowed. The purpose of the clear zone is for traffic visibility, and to preserve a visual
corridor or vista along street frontages. The applicant's request is to construct his sign
in this clear area, based on special conditions on the site and surrounding street.
QUALIFYING CRITERIA
The applicant has provided the following information:
1. State special circumstances peculiar to the land, structure or building that
necessitate such request.
Applicant's statement: "The south and west sides of HHCC (Highland Heights
Christian Church) Church building are located directly on the property line. The
south side, facing Avenue H, is the front entrance and is approximately 26 feet
from the curb (See photos 1 & 6) The west side, facing Coyote Boulevard, has a
covered canopy handicap accessible entrance and is also approximately 26 feet
from the curb. (See photos 3 & 7). "
BOARD OF ADJUSTMENT • PAGE 2
2. Demonstrate that the special conditions and circumstances are not a result
of the actions of the applicant.
Applicant's statement: "HHCC was constructed in 1929 under prevailing
regulations. The Church was constructed legally and did not create this hardship
caused by later changes in regulations."
3. State how literal interpretation of the provisions of this ordinance deprive
the applicant of the rights enjoyed by others in the district.
The present sign is located on the southwest corner approximately 16 feet from
the Avenue H curb and 30 feet from Coyote Blvd. curb. Coyote Blvd. has two
lanes of traffic separated by a 8' boulevard and two rows of diagonal parking.
The traffic lane adjacent to the church is one -way North from Avenue H. The
other traffic lane is also one -way South and is well over 80' from the West side of
the church property line. Traffic safety has not been a concern since church
construction and does not pose a problem now because the sign is so for back
from the street and the flow of traffic. Because of ordinances enacted after
church construction the HHCC Congregation is being denied the opportunity to
update church facilities that other larger local churches currently enjoy.
4. State how granting the variance would not confer upon the applicant any
special privilege that is denied by the ordinance to land, structure, or
buildings in the district.
Most churches can build a similar sign on their property because they do not
have the usual setback and distance from the curb. Placement of a new sign in
the same location as the old sign falls well under the requirements for square
footage, distance from the curb and only rises above the present sign height by
three feet (See photo 8). [Note photo 8 is the large photo of the front of the
proposed sign.] To comply with current regulations would require the bottom of
sign to be over 9 feet from ground level requiring a 12 -foot ladder for changing
letters. The average age of our congregation is 65 so for very obvious safety
reasons we must have access to the sign from ground level and not from a
ladder.
Staff notes that the church is built closer than the 25 feet from the property line
than would be required today.
EVALUATION CRITERIA
In evaluating a variance request, once it has been determined by the Board that the
request qualifies to be heard by the Board, the Zoning Ordinance Section 7340 requires
that the following criteria be used:
a. The granting of the variance will not be contrary to the public interest.
Staff feels that the public interest would be served if the Board decides to grant a
variance based on a finding of a special condition or hardship.
BOARD OF ADJUSTMENT • PAGE 3
b. Special conditions exist, other than financial hardship alone, whereby a
literal enforcement of the terms of the Ordinance will result in unnecessary
hardship to the owner of the land.
The distance from the curb to the property line is greater than typically found in
other locations and prior construction could be considered a special condition.
C. The variance will not permit an activity upon the land, which is not allowed
by the terms of the Zoning Ordinance.
The property is zoned single - family; churches are permitted with a conditional
use permit in this zone.
d. The granting of the variance:
Is consistent with the intent of this Ordinance;
The intent of the sign regulations is two fold: (1) to preserve a visual
corridor along street frontages by requiring the larger, taller signs to be
placed back away from the street and; (2) to preserve an obstruction -free
clear zone for signs to promote traffic visibility.
Is in harmony therewith;
Staff feels that this development would be compatible with the existing
homes in the neighborhood.
Will not be injurious to the neighborhood;
This proposal should not be in conflict with adjacent uses.
Or detrimental to the public welfare.
Granting this variance should not harm the long -term economic
development of the City or affect the public in the long -term through
function, appearance or layout, in the long -term.
RECOMMENDATION
If the Board finds that special conditions or hardships exist, staff recommends approval
of this request.
Consideration of Qualifying Criteria:
Mr. Stillson presented the Qualifying Criteria. After the Board agreed the criteria had
been met, the motion for the approval of the Qualifying Criteria was made by Mr.
Latham and seconded by Mr. Garcia. It passed with a unanimous vote.
BOARD OF ADJUSTMENT • PAGE 4
Consideration of the Evaluation Criteria:
Mr. Stillson presented the Evaluation Criteria. The members agreed the applicant could
replace the previous sign. Mr. McNeil made the motion for approval of the Evaluation
Criteria; Mr. Garcia seconded. The variance passed with a unanimous vote.
IV. ADJOURN
The meeting was adjourned at 1:45 p.m.
Tom Cross, Acting Chairman
BOARD OF ADJUSTMENT • PAGE 5
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